Flint.gg – Terms of use

LAST UPDATED 30/09/2019

 

PLEASE READ AND MAKE SURE YOU UNDERSTAND ALL THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS OF USE”) CAREFULLY BEFORE ACCESSING OR USING THE FLINT.GG PLATFORM (AS DEFINED BELOW).

 

We provide you with a platform called flint.gg (Open Beta). The platform helps you to create your comprehensive gaming profile, connect with likeminded gamers and challenge each other in rivalries. To create a comprehensive gaming profile, you can connect games and gaming-related services to your profile through the APIs of the respective game publishers.

 

  1. Amendments and Changes

We may update or modify these Terms of Use from time to time. Modifications to these Terms of Use will be posted on or in the platform. In certain circumstances, we may choose to provide you with additional notice of such modifications by email, in-platform notifications or otherwise. Please review these Terms of Use periodically. In an effort to improve the Terms of Use, flint.gg may also update them without notifying you.

 

YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE EFFECTIVENESS OF ANY MODIFICATIONS TO THESE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE MODIFICATIONS. IF ANY MODIFICATION TO THESE TERMS OF USE IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO CEASE ACCESSING, BROWSING AND OTHERWISE USING THE PLATFORM.

 

  1. Privacy Policy

By using the platform, you represent that you have read and consent to our Privacy Policy which is incorporated into these Terms (see Privacy Policy here). Flint.gg may revise the Privacy Policy at any time, and the new versions will be available at the above link. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the platform. Please carefully review our Privacy Policy. You acknowledge and agree that any disputes related to our Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability contained in the Privacy Policy and these Terms of Use.

 

  1. Intellectual Property

The technology, software, data, information and materials provided on or through the platform, including any content, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by flint.gg or third party licensors and rights holders, such as game publishers and developers. The platform, including all software, databases, proprietary information, documentation, contents, computer code, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) are owned and operated by flint.gg and will remain the exclusive property of flint.gg. You acknowledge that you do not acquire any ownership or other intellectual property rights by using the platform or the Materials, other than a limited license to access and use the platform as described below and subject to these Terms of Use. You shall not challenge, contest or otherwise impair flint.gg’s ownership of the platform and the content therein.

 

  1. Limited License, Access and Accounts

 

4.1. Limited License:

Subject to your compliance with these Terms of Use, we grant you a nonexclusive, non-transferable, revocable, limited license, to access and use the platform using a personal computer or a mobile device; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the platform and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with flint.gg. Use of the platform and Materials for any purpose other than as expressly authorized in these Terms of Use are a violation of our copyrights and other proprietary rights and is strictly prohibited.

 

4.2. Account Registration; Use of Data:

To access certain portions of the platform, you may be required to create an account through the platform (an “Account”). If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. Account information and certain other information about you are subject to the Privacy Policy. Through your use of the platform you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including for storage, processing and use by flint.gg and its affiliates. You agree that you shall not create an Account or access the platform if you: (i) are under the age of 13, without the consent of your parent or legal guardian, (ii) if you have previously been removed by flint.gg or banned from using the platform.

 

4.3. Verification of Identity:

During the Account registration process and/or in connection with certain services that may be offered through the platform, such as other services to register, we may ask you to identify yourself via the respective service or your stated e-mail address to verify your identity. We may, in our sole discretion, refuse to open a Account for you or restrict your access to certain aspects of the platform until we are able to verify your identity. You agree to provide us with the information we request for the purposes of identity verification and permit us to keep a record of such information. Your access to one the platform and the limits that apply to your use of the platform, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.

 

4.4. Account Security:

Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify flint.gg immediately if you believe that your Account username and/or password have been compromised.

 

4.6. Rules Related to flint.gg Account Names and User Profiles; Uploading of Content and Materials as Part of Account:

 

When you create an Account, you will have to create a username and may be asked to provide a user profile image. You hereby grant us a worldwide, revocable, sublicensable, transferrable license to use, publicly display, and distribute your user name and user profile image, as well as any other content, images, data, information or materials that you may upload or distribute in connection with your Account and use of the platform in any and all media, whether now known or hereafter devised. You hereby waive all “moral rights” in any such content and materials and give to us all the consents that we need to exploit these items in connection with the platform in any and all media without limitation so far as possible in perpetuity. In addition, your username (as well as any profile photo or image) may be visible to other users or the public. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the platform, including, without limitation, usernames and profile images (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If Flint.gg finds a User Identifier for any type of account, including, without limitation, an individual user account to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your Account. In particular, you may not use any User Identifier:

 

  1. Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious, including, without limitation, impersonating any Flint.gg agent or employee or any other Flint.gg community user;
  2. That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or racially, ethnically or otherwise objectionable;
  3. That is subject to the rights of any other person or entity without written authorization from that person or entity;
  4. That belongs to a popular culture figure, celebrity or media personality;
  5. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
  6. Belonging to any religious figure or deity;
  7. Related to drugs, sex, alcohol, or criminal activity;
  8. Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).

 

4.7. User Rules:

The user rules (“User Rules”) below are in furtherance, and not in limitation, of the other terms and conditions in these Terms of Use. In connection with your use of the platform you agree that you will not, nor permit anyone else to, directly or indirectly:

 

  1. Violate any applicable law, regulation, or contract or use the platform or Materials for any unlawful purpose;
  2. Use the platform to run tournaments or competitions for games of chance or to conduct gambling;
  3. Offer cash prizes where it is prohibited by law;
  4. Make available through the platform any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including, without limitation, rights of privacy or publicity);
  5. Misrepresent yourself in any way;
  6. Make any false, misleading, or inaccurate statements;
  7. Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
  8. Commit any actions considered to be unethical;
  9. Impersonate any person or entity, including any employee or representative of Flint.gg;
  10. License, create derivative works from, any information, content obtained from the platform
  11. Restrict or inhibit any other visitor or member from using the platform, including, without limitation, by means of “hacking” or defacing any portion of the platform
  12. Access or attempt to access parts of the platform for which you are not authorized by Flint.gg, circumvent or attempt to circumvent any security or password protection on or in the platform, access the platform by any means other than through the interface that is provided and authorized by Flint.gg;
  13. Modify any software for the platform in any manner or form, nor use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the platform;
  14. Use the platform to harm minors in any way;
  15. Engage in spamming or flooding;
  16. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  17. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the platform or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the platform;
  18. Remove any copyright, trademark or other proprietary rights notices contained on or in the platform;
  19. “Frame” or “mirror” any part of the platform;
  20. Stalk or otherwise harass another; or
  21. Harvest or collect information about platform visitors, users or Account holders without their express consent.

 

 

 

Flint.gg reserves the right to permanently suspend or terminate your Account and your access to the platform, if it suspects that you have violated any of the User Rules.

 

  1. Links to Other Websites

 

These Terms of Use apply only to the platform. The platform may contain links to other websites not operated or controlled by Flint.gg. If you use these links, you will leave the platform. The terms and conditions described here do not apply to those sites, nor does Flint.gg endorse or review those sites. Flint.gg provides these links to other websites as a convenience. Such links do not imply Flint.gg’s endorsement of information or material on any other site, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. Flint.gg disclaims all liability with regard to your access to and use of such linked websites, and you hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against Flint.gg with respect to such sites.

 

Flint.gg and/or third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. pursuant to our Privacy Policy. Flint.gg makes no representation or warranty with respect to the content of any such email messages or any goods or services that may be obtained from such third parties, and you agree that neither Flint.gg nor such third party shall have any liability with respect thereto

 

YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY FLINT.GG, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

 

  1. Newsletter subscription / unsubscription

 

Flint.gg provides a newsletter to keep the users updated on new features and announcements provided in our platform. By registering to our platform, this newsletter will be sent to your provided email. In case these newsletters should not be sent anymore, there is an unsubscribe button in every newsletter mail we send. After that no further emails will be sent to the email.

 

  1. Indemnity

 

You indemnify and hold flint.gg and its affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any content you provide, your use of the platform, your connection to the platform,, your breach of these terms, or your violation of any rights of another person or entity.

 

  1. Disclaimers and Limited Liability

 

You understand that the flint.gg platform is provided AS-IS and that you use such platform at your own risk. Flint.gg disclaims all warranties of any kind, express of implicit, to the fullest extent possible having regard to applicable laws. This includes but is not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Flint.gg does not assume any responsibility for any loss of your personal or non-personal data, loss of access to the platform, or any other errors that may impede your use of the platform. We only supply the platform for domestic and private use. You agree not to use the platform for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Our maximum aggregate liability under or in connection with these terms (including your use of any services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount you paid us in the 6 months immediately preceding the event giving rise to a claim provided that nothing in these terms shall limit or exclude our liability for: (i) fraud or fraudulent misrepresentation; and (ii) any other liability that cannot be excluded or limited by German law.

Contact: support@flint.gg